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of Sixth street, (Loretta park number one); thence westerly
by the middle line of said Sixth street to the boundary line
between Loretta park number one and Meucci gardens section
one; then southerly by said boundary line to the middle line
of Fourth street, Meucci gardens, section one; thence westerly
by the middle line of said Fourth street to the middle of Norge
avenue; thence southerly by the middle line of said Norge
avenue to the middle of Sixth street, Meucci gardens, section one;
thence westerly by the middle line of said Sixth street to the
boundary line between Meucci gardens, section one and land now or
formerly of Robert W. Thompson, junior; thence southerly by said
boundary line to a point which is the intersection of the continua-
tion easterly of the north line of Oakdale park, section six with
said boundary line; thence westerly by said continuation to the
northeast corner of Oakdale park, section six; thence by the north
boundary of said Oakdale park, section six and its continuation
westerly to the middle of the Brentwood road; thence southerly by
the middle line of said Brentwood road to the middle of the
Candlewood road; thence northwesterly by the middle line of said
Candlewood road to the middle of Fifth avenue; thence by the
middle of said Fifth avenue and the middle of Wicks road to the
south boundary line of land of John Taylor; thence easterly by
said boundary line to the west boundary of Brentwood park exten-
sion; thence northerly by said west boundary to the middle of
Sherman street; thence easterly by the middle of said street to
the middle of Madison avenue; thence northerly by the middle of
said avenue to the middle of Morris street; thence easterly by the
middle of said street to the middle of Washington avenue at the
point of beginning. Such district is hereby vested with all powers Powers of
of a fire district under article three of the county law.

district.

authorized. Bonds;

§ 2. The fire commissioners of the said Brentwood fire district Bond Issite are hereby authorized to issue bonds of said fire district in the aggregate principal amount of not exceeding five thousand dollars, amount, bearing interest at a rate not exceeding six per centum per annum, maturity. payable semi-annually, and maturing in annual installments of five hundred dollars commencing one year from their date.

interest,

payment

interest;

§ 3. The principal and interest of such bonds shall be payable at Place of such place within the state of New York as the fire commissioners of principal shall determine and such commissioners shall sell said bonds at not and less than par and accrued interest. Notice of the sale of such sale. bonds shall be given by publication in a newspaper published or circulating within said fire district and in such other newspapers as the commissioners may designate. The first publication of such notice shall not be less than five days prior to and not including the date of sale.

§ 4. The proceeds of the sale of such bonds shall be applied Applicasolely to the cost of purchasing a chemical engine and fire appar- tion of atus for the use and benefit of said fire district.

proceeds.

§ 5. The fire commissioners shall before the annual meeting of Annual the board of supervisors present to the supervisor of the town of statement Islip, a verified statement in duplicate of the amount necessary to payable.

of amount

Tax for payment.

Territory benefited.

Pending actions.

L. 1926,

ch. 444, § 2 amended.

Transfer

of papers

and transcript of records.

pay the principal and interest upon such bonds as the same respectively become due and payable. The board of supervisors shall annually assess, levy and collect a tax upon all the property in said district in an amount sufficient to pay the principal and interest upon such bonds in the same manner, at the same time and by the same officers as the taxes of the town of Islip are assessed, levied and collected. Such tax when collected shall be paid over immediately by the supervisor of the town of Islip to the treasurer of the Brentwood fire district.

§ 6. It is hereby determined that the territory within the boundaries described in section one of this act is the territory especially benefited by the creation of said Brentwood fire district. § 7. This act shall not affect any action or proceeding now pending in any court.

8. This act shall take effect immediately.

CHAPTER 69

AN ACT to amend chapter four hundred and forty-four of the laws of nineteen hundred and twenty-six, entitled "An act with relation to the transfer of all civil actions and proceedings pending on January first, nineteen hundred and twenty-seven, in the county courts of the counties of Kings, Bronx, Queens and Richmond to the city court of the city of New York," in relation to the filing of papers in actions affecting real property

Became a law March 2, 1927, with the approval of the Governor. Passed, three-fifths being present

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section two of chapter four hundred and forty-four of the laws of nineteen hundred and twenty-six, entitled "An act with relation to the transfer of all civil actions and proceedings pending on January first, nineteen hundred and twenty-seven, in the county courts of the counties of Kings, Bronx, Queens and Richmond to the city court of the city of New York," is hereby amended to read as follows:

§ 2. The clerks of the county courts as aforesaid1 shall transfer and deliver all notes of issue and other filed papers in actions or proceedings at issue and undetermined in said courts to the city court of the city of New York in their respective counties, together with the transcript of the records of said county courts with relation to actions and proceedings pending therein, 'excepting actions and proceedings affecting the title to real property and other special proceedings, in which actions and proceedings all judgments, orders and other papers therein shall continue to be filed or entered in the office of the county clerks of the respective counties and remain on file therein; and the filing and entry of all judgments, orders and other papers in such actions or pro

1 Words " on January first, nineteen hundred and twenty-seven, or as soon thereafter as may be practicable," omitted. 2 Remainder of section new.

ceedings in the offices of the respective county clerks since January first, nineteen hundred and twenty-seven, is hereby legalized and confirmed and made effectual and valid.

§ 2. This act shall take effect immediately.

CHAPTER 70

AN ACT to amend the town law, in relation to water districts

Became a law March 2, 1927, with the approval of the Governor. Passed, three-fifths being present

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

ch. 63,

Section 1. Section two hundred and eighty-five of chapter sixty- L. 1909, three of the laws of nineteen hundred and nine, entitled "An act re- $285 lating to towns, constituting chapter sixty-two of the consolidated amended. laws," as last amended by chapter seven hundred and eleven of the laws of nineteen hundred and twenty-six,1 is hereby amended to read as follows:

§ 285. Action by town board. Election or appointment of commissioners. 1. When the petition, map and plans heretofore referred to, are filed in the town clerk's office in any town except in the counties of Nassau, or Suffolk, the town clerk shall cause notice of the filing of said petition and the object thereof to be published as hereinafter provided. Such petition shall not be granted or said proposed district established or any improvement made therein unless a public hearing be had thereon, upon notice thereof, to all persons owning taxable real property, as shown by the last preceding completed assessment roll of said town, within said proposed district, as to all matters affecting their property, or the benefits thereto by such proposed improvement, or of any objections to the establishment of said proposed district or to the making of such proposed improvement therein. Such notice shall be in writing; shall specify all the purposes of such hearing and of the time and place thereof, and shall be served upon each owner by publishing such notice in a daily or weekly newspaper, published in such town, once a week for two successive weeks, or if there be no newspaper published in said town, then by publishing such notice once in each week for two successive weeks in a daily or weekly newspaper circulating in said town. Upon such hearing the town board shall first determine if said petition is in fact signed and acknowledged or proved in the same manner as a deed to be recorded and complies with the provisions of section two hundred eighty-two of this chapter. If said town board shall determine that the petition is properly signed and proved or acknowledged in the manner above provided and that it otherwise complies with the provisions of said section two hundred eighty-two hereof, they shall make a written order to

1 Previously amended by L. 1925, ch. 474; L. 1926, ch. 57.

2 Provision as to Suffolk county new.

that effect, which order shall be signed by the members of the town board present at such hearing and also entered in the minutes of said meeting. After the town board has made such order, they shall then publicly hear the allegations of all persons appearing upon said hearing as to all matters specified in such notice of hearing and upon any other matters affecting or relating to the establishment of said proposed district and the construction of said proposed improvement therein, as they may deem just and equitable, and shall thereupon make such order therein. Upon such hearing the said town board may also determine whether the taxable real property, situated in the proposed district, is or will be of sufficient value to pay for the cost of the construction of water supply system in said proposed district, and if so satisfied shall then make a written order establishing such district, authorizing the construction of said proposed improvement and appointing three taxpayers in said district as water commissioners thereof. Such order shall be filed in the office of the town clerk and entered in the minute book of the said board. Such commissioners first appointed shall hold office for terms of one, two and three years, to be determined by the town board in making the appointments. The town board shall thereafter appoint each year one commissioner who shall hold office for the term of three years, and shall fill any vacancies that may occur. The town board shall have power to remove any or all of said commissioners for neglect of duty upon written charges and proper hearing. The validity of town bonds issued under this article shall not be dependent on or affected by the validity or regularity of the proceedings taken thereunder for the establishment or enlargement of any district or for the construction of the water system therein or in any extension thereof, unless the validity of such bonds be questioned in a suit, action or proceeding commenced prior to the issuance of the bonds. No other law shall limit or affect the powers and duties with respect to the issuance of such bonds hereby conferred or imposed upon the town board.

2. When the petition, map and plans heretofore referred to are filed in the town clerk's office in any town in either of the counties of Nassau, or Suffolk, the town clerk shall cause notice of the filing of said petition and the object thereof to be published as hereinafter provided. Such petition shall not be granted or said proposed district established or any improvement made therein unless a public hearing be had thereon, upon notice. thereof, to all persons owning taxable real property, as shown by the last preceding completed assessment roll of said town, within said proposed district, as to all matters affecting their property, or the benefits thereto of such proposed improvement, or of any objections to the establishment of said proposed district or to the making of such proposed improvement therein. Such notice shall be in writing; shall specify all the purposes of such hearing and of the time and place thereof, and shall be served upon each owner by publishing such notice in a daily or weekly newspaper, pub3 Provision as to Suffolk county new.

lished in such town, once a week for two successive weeks, or, if there be no newspaper published in said town, then by publishing such notice once in each week for two successive weeks in a daily newspaper circulating in said town. Upon such hearing the town board shall first determine if said petition is in fact signed and acknowledged or proved in the same manner as a deed to be recorded and complies with the provisions of section two hundred eighty-two of this chapter. If said town board shall determine that the petition is properly signed and proved or acknowledged in the manner above provided and that it otherwise complies with the provisions of said section two hundred eighty-two hereof, they shall make a written order to that effect, which order shall be signed by the members of the town board present at such hearing and also entered in the minutes of said meeting. After the town board has made such order, they shall then publicly hear the allegations of all persons appearing upon said hearing as to all matters specified in such notice of hearing and upon any other matters affecting or relating to the establishment of said proposed district and the construction of said proposed improvement therein, as they may deem just and equitable, and shall thereupon make such order therein. If such order be made, the town board shall fix a time, and a place within such district, for the election of three water commissioners for such district, and the town clerk shall cause notice of such election to be given in the same manner as notice for a special town meeting. There shall be elected at such election three residents of such district as water commissioners thereof, who shall hold office for terms of one, two and three years, respectively, from the date of such election. The town board may designate two or more members of the board to conduct such election. The polls shall be open for a period of two hours, as prescribed in the notice of the election. Persons who are assessed for real property within the district shall be entitled to vote. Voting shall be by ballot. A person receiving the greatest number of the votes cast at such election for the office for which he is a candidate shall be elected thereto. The officers conducting such election shall file a certificate of the result in the office of the town clerk. The town board, in like manner, shall annually cause notice to be given of an election to be held in such district, at which voters, qualified as for such first election, shall elect a water commissioner for a full term of three years to succeed the water commissioner whose term has expired. Such election shall be annually. held on the same date as the first election unless such day be Saturday or Sunday when it shall be held on the first succeeding secular day. If a vacancy occurs in the office of water commissioner of such district, the town board shall appoint a resident of the district to fill such vacancy until the next annual election, at which the vacancy shall be filled for the unexpired term. In a water district heretofore established in which the office of water commissioner, if appointive, the town board shall call an election, in the manner provided by this section, to be held within ten days prior to the expiration of the term of such a commissioner, at which his successor shall be elected, as provided by this section,

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